Recommendation 195

The Australian Law Reform Commission’s report on Equality, Capacity and Disability in Commonwealth Laws continues to inform Australian Government consideration about how persons with disabilities can be better supported to make decisions.

On 11 February 2015, the Australian Senate asked the Senate Community Affairs References Committee to undertake an inquiry into violence, abuse and neglect of persons with disabilities in institutional and residential settings. The report of the Committee was tabled on 25 November 2015 and informed the development of the National Disability Insurance Scheme (NDIS) Quality and Safeguarding Framework, which was released on 3 February 2017. An independent statutory body, the NDIS Quality and Safeguards Commission (Commission), will be established to implement the regulatory elements of the framework.. One of the objectives of the framework is to reduce and eliminate the use of restrictive practices in the NDIS by introducing consistent quality requirements for disability service sector providers. A restrictive practice is defined as any practice or intervention that has the effect of restricting the rights or freedom of movement of a person with disability.

The Commission’s behaviour support function is being designed to ensure that people with complex behavioural needs are properly supported with a view to reducing and eliminating restrictive practices. This will include engaging appropriately skilled and experienced behaviour support practitioners to work closely with participants to understand the underlying functions of the person’s behaviours, and develop a behaviour support plan with the person, their family and carers and other service providers. Behaviour support plans can include positive behaviour strategies, other required supports to ensure the person’s needs are being met, and ensure that the use of restrictive interventions are authorised (where state or territory authorisation or consent is required), reported and regularly reviewed.

Australian governments agreed they also share responsibility for delivering on their commitment to reducing and eliminating the use of restrictive practices in the NDIS, including through the appointment of a national Senior Practitioner to enhance reporting and improve support for participants and providers. States and territories will continue to authorise and report on the use of restrictive practices.

States and territories have primary responsibility for criminal justice, including adult and juvenile corrections.

For information about state and territory corrective services, visit:

• Australian Capital Territory – ACT Corrective Services
• New South Wales – Corrective Services NSW
• Northern Territory – Northern Territory Correctional Services
• Queensland – Queensland Corrective Services
• South Australia – Department for Correctional Services
• Tasmania – Corrective Services
• Victoria – Corrections, Prisons and Parole
• Western Australia – Department of Corrective Services